Howard Coker | November 20, 2025 | Personal Injury
The personal injury statute of limitations in Florida is typically two years in most cases. This means that you generally must file a lawsuit for damages within two years of the date of your accident. Missing this deadline can have some serious consequences for your claim, and there are some special situations in which the deadline may be shorter or longer.
Keep reading below to learn everything you need to know about the statute of limitations for Florida personal injury claims.
What Is a Statute of Limitations?
A statute of limitations is like a ticking clock for initiating legal proceedings. When the clock hits zero, you lose your legal right to file a lawsuit after an event.
Each state sets its own statute of limitations, and the deadline may vary depending on the type of case. For instance, personal injury claims in Florida have a statute of limitations of two years, while an action for breach of a written contract has a statute of limitations of five years. Criminal and property law also generally impose statutes of limitations.
Statute of Limitations for Florida Personal Injury Claims
Florida law sets the statute of limitations for most personal injury claims at two years. Waiting too long to file your claim can have serious consequences. If the deadline passes, you may be completely barred from recovering any compensation from the at-fault party. Even if you decide to file a lawsuit after the deadline, the court will likely dismiss your case.
The two-year statute of limitations applies to various types of injury claims in Florida, including those involving car accidents, truck accidents, and slip and fall accidents.
When Does the Statute of Limitations Clock Start Ticking?
Generally, the clock starts to run on the day of your accident. However, there could be some situations in which your injuries are not immediately apparent. In those cases, the clock starts when you know or should have known of your injuries.
This is common in medical malpractice claims. The deadline for medical malpractice claims is also two years. However, the clock does not start until your injury becomes apparent or should have been apparent. Even in these situations, your case must be filed no more than four years after the accident that caused your injuries.
Exceptions to Florida’s Two-Year Statute of Limitations
There are a few situations in which the general rule does not apply. Instead, a special rule may apply to certain circumstances.
For instance, if the wrongdoer is a government entity, the rules can get more complex. Your time limit in those cases could be as short as six months or as long as three years. That said, you should always get help from an experienced personal injury lawyer in those situations to ensure you know the correct deadline.
Some other situations can toll (pause) the statute of limitations, such as:
- Minor victim: If the injured victim is a child, the clock may pause until the child reaches their 18th birthday.
- Mental incapacity: Incapacitation of the victim can pause the statute until competence is regained.
- Absent defendant: Sometimes, a defendant may flee the state to avoid service of a lawsuit. That can pause the clock until the defendant returns to Florida.
- Use of false name: If the defendant used a false name to avoid service of a lawsuit, the statute may pause until their identity is determined.
Situations that pause the statute of limitations can get complicated. It is best to seek legal advice from an experienced lawyer who can help you determine the filing deadline for your claim.
Call Our Jacksonville Personal Injury Lawyers for a Free Consultation
In Florida, injured victims typically have two years from the date of an accident to file a lawsuit for damages. This is why it is crucial to act quickly and get help from a Jacksonville personal injury lawyer so that you do not lose your right to obtain a financial recovery for your losses. Call Coker Law Personal Injury Lawyers to schedule a free consultation.
For more information, please contact the Jacksonville personal injury law firm of Coker Law Personal Injury Lawyers and schedule a free consultation today.
We serve Duval County and its surrounding areas.
Coker Law Personal Injury Lawyers
136 E Bay St #5438
Jacksonville, FL 32202
(904) 356-6071
Find us with our Geo Coordinates: 30.32569719086265, -81.65515220132858
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ABOUT THE AUTHOR
Attorney Howard Coker is the founder of Coker Law Personal Injury Lawyers. A graduate of the University of Florida College of Law, he has dedicated his career to representing individuals in serious personal injury cases. With more than four decades of courtroom experience and over 350 jury trials, Howard is recognized as one of Florida’s top trial attorneys. His commitment to justice ensure every client receives the strong, personalized representation they deserve. Check our recent case results.
Location: Jacksonville, FL